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HomeMy WebLinkAbout780823.tiff N -- 32-1 �%5 2 Recorded at � . o'clock �(... M...0V 22 1978 `..) 1773601 I+ �Y, �,r„ Re:. No. State of Colorado, Weld County Clerk Cr Recorder RESOLUTION RE: APPROVAL OF SUBDIVISION EXEMPTION NO. 71 - RALPH ORR AND LAVERN GLOVER. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners of Weld County, sr Colorado has reviewed the request of Ralph Orr and Lavern Glover for an exemption from the definition of "subdivision" and "sub- divided land" in Section 30-29-101 (10) , CRS 1973, as amended, and Section 2-1 of the Weld County Subdivision Regulations, and WHEREAS, the Board of County Commissioners finds that Ralph Orr and Lavern Glover are owners of certain parcels of land located in Part of the South One-Half of Section 14, Township 5 North, Range 64 West of the 6th P.M. , Weld County, Colorado, being more particularly described as follows: Parcel I - Glover Beginning at the Center Corner of Section 14, Town- ship 5 North, Range 64 West of the 6th P.M., Weld County, Colorado, and considering the East line of the Southwest Quarter of said Section to bear South 00°46'22" East, with all other hearings contained herein relative thereto: Thence South 00°46'22" East, 390.00 feet; Thence North 89°48'43" West, 47.09 feet; Thence North 00°05'54" West, 389.95 feet; Thence South 89°48'43" East, 42.50 feet to the Point of Beginning. Said described parcel contains 0.401 acres, more or less, and is subject to any rights-of-way or other easements as recorded by instruments of record or as now existing on said described parcel of land. Parcel II-I- Orr Beginning at the Center Corner of Section 14, Town- ship 5 North, Range 64 West of the 6th P.M., Weld County, Colorado, and considering the East line of the Southwest Quarter of said Section to her South 00°46'22" East, with all other bearings contained herein relative thereto; Thence South 00°46'22" East, 1091.58 feet to the True Point of Beginning; Thence South 00°46'22" East, 390.00 feet; Thence North 89°13'38" East, 50.00 feet; Thence North 00°46'22" West, 361.78 feet; Thence North 61°20'09" West, 57.41 feet to the True Point of Beginning. Said described parcel contains 0.432 acres, more or less, and is subject to any rights-of-way or other easements as recorded by instruments of record or as now existing on said described parcel of land. ( RR (2 6/ar•£k C 780823 VS* 1'7'73601 - 852 -,2- Mr. Orr and Mr. Glover desire to exchange titles to the above- mentioned parcels of land and maintain approximately the same number of total acres owned by each of the parties after the exchange of the properties. No new parcels are being created by this request, and WHEREAS, the legal descriptions of the resulting parcels of land are as follows: Lavern and Athlyn K. Glover The Northeast Quarter of the Southwest Quarter of Section 14, Township 5 North, Range 64 West of the 6th P.M. , reserving to grantor, his heirs, executors, administrators and assigns, an undivided one-half interest in and to all oil, gas, and minerals in, on or under the real estate herein above described for a period of fifteen (15) years from and after January 1, 1973 and so long thereafter as oil, gas or other minerals shall be produced therefrom if such production started in said fifteen (15) year period; as described in Book 689 at Reception Number 1610551, Weld County Records; Except parcel one (I) as described above and including parcel two (II) as described above. Ralph and Beulah Orr Parcel One: All that part of the West Half of the Southeast Quarter of Section 14, Township 5 North, Range 64 West of the 6th P.M. , Weld County, Colorado, which is located West of the centerline of the presently existing Ogilvy Ditch or the projected centerline of that Ditch as said Ditch is now constructed across the West Half of the Southeast Quarter of Section 14, Township 5 North, Range 64 West of the 6th P.M. , Weld County, Colorado, which contains 58 acres, more or less, together with six (6) shares of Ogilvy Ditch stock and all rights to the irrigation well known as Structure No. 12323 which is located approximately 1,300 feet east and 1,400 feet south of the north- west corner of Section 14, Township 5 North, Range 64 West of the 6th P.M. , as ajudicated in Water Division No. 1, Case no. W642, and all irri- gation rights-of-way used on said land. Parcel TWo: A tract of land beginning at the Northwest Corner of the West Half of the Southeast Quarter of Section 14, Township 5 North of Range 64 West of the 6th P.M. , Weld County, Colorado, running thence East along the half section line in said section a distance of 125 feet, thence South 390 feet, thence West 125 feet to the half section line, thence North 390 feet to the place of begin- ning, subject to legal highways and Rights-of-way for any ditch or lateral now constructed for irri- gation purposes and subject to any easements of record. These parcels, although being described separately, represent one parcel ownership with two distinct legal descriptions being necessary in order to adequately describe the property; as recorded in Book 763 at Reception No. 1685239; ecK 1773601 852 Except parcel two (II) as described above and including parcel one (I) as described above. The above described parcels of land shall be considered as single lots. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado, that parcel 1 and parcel 2 as hereinabove described be, and hereby are, declared to be exempt from the definition of "subdivision" and "subdivided land" as set forth in Section 30-29-101 (10) , CRS 1973, as amended, and Section 2-1 of the Weld County Subdivision Regulations, and BE IT FURTHER RESOLVED by the Board that the resulting parcels of land as described above be, and hereby are, considered to be single lots. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 15th day of November, A.D. , 1978. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO !ter/ A, loo‘11ATTEST: 1144A Weld County Clerk and Recorder a lerk to the Boar eputy County C erk (\ ,AP D AS TO FORM: i a _ County Attor ey Date Presented: November 22, 1978 I SUBDIVISION EXEMPTION FLOW SHEET County Commissioners Meeting Date: t\CAtetr \S 1_1,E5 Applicant : all,h Ori( / \ssjer`n C7Io (Case #: �' 2� Legal Description :. TA- S711. ,}\p' `4 . IjINI '9j 4. Date 8y Application Received ‘® Lb arE9k Application Complete t ?.- Letter to Applicant Drafted SE# Assigned ( t / J Air Photo Map Prepared /I .? 41 \ K Chaindexed • /6 0.711 Applicant Notified • 6 Legal Approved by County Attorney Field Check by D.P.S. Staff 11. D.P.S. Recommendation Drafted J22 D.P .S . Recommendation !Typed 17 O-S) Packets Xeroxed g ao 11 2 �jSE History Card - Completed " l' ��- 1� TO: Board of County Commissioners Date November 15 , 1978 Subdivision Exemption # 71 Applicant: Ralph Qrr/Lavern Glover The owners of the following described property have requested an exemption from Section 2-1 of the Weld County Subdivision Regu- lations adopted August 30, 1972 , which defines the term subdivi- sion: Pt . SI Section 14, T5N, R64W The Planning Department has reviewed this request and recommends that the request be approved for the following reasons: DOES DOES NOT X Require water X Require sewer X Create traffic problems Fall in flood plain X Agree with Planning Commission policy X Create housing X Agree with surrounding land use X Meet all known requirements COMMENTS : At a time when this property was under common ownership, a residence was built that ex.tended over the east boundary line of the NE*SW* . The Glovers are conveying a parcel of land to the Orrs in order to straighta out the difficulty of having their house located on property they don' t own. In exchange, the Orrs are conveying a similar amount of vacant land to the Glovers . If approved, this request will merely exchange titles to the parcels under consideration and maintain approximately the same number of total acres owned by each of the parties after the exchange of the properties . No new parcels are being created by this request . ning Administrator • LAW OFFICES HOUTCHENS, HOUTCHENS AND DANIEL 007 NINTH AVENUE GREELEY,COLORADO 80631 BAaNARD HOUTCHENS S.ROBERT HOUTCHENS TELEPHONE 353-9195 RODGER I.HOUTCHENS AREA CODE 303 JOHN B.HOUTCHENS JERRY C.CAMEL KIM ROBERT HOUTCH ENS THOMAS A.HOUTCHENS October 12, 1978 Board of County Commissioners Weld County, Colorado Centennial Center Greeley, CO 80631 We hand you herewith a copy of deed from Ralph Orr and Beulah Orr to Lavern Glover and Athlyn K. Glover and copy of a deed from Lavern Glover and Athlyn K. Glover to Ralph Orr and Beulah Orr, and plat of survey of Part of the SE4 and the SW4 of Section 14, Township 5 North, Range 64 West of the 6th P.M. At a time when these two parcels were under common owner- ship, someone built a house in the Northwest Corner of the Southeast 4, which extends over the boundary line of the Southwest 4 and the SE4. By the deed handed you herewith, Lavern Glover and Athlyn K. Glover are convey- ing a parcel of land to Ralph Orr and Beulah Orr in order to straighten out the difficulty of having their house located on real estate that they don' t own. In exchange, the Orr' s are conveying that part of the SEa which is parcel 2 on the plat of survey. We represent all of the parties in this transaction, and they understand that by this exchange, they are not cre- ating separate parcels of land. Mr. and Mrs . Orr under- stand that parcel #1 becomes a part of the SEa, and the Glovers understand that parcel #2 becomes a part of the SW4 of said section. It is not the intention of any of the parties hereto to create separate parcels of land, but merely exchange titles to the real estate described on the plat of survey, and to maintain approximately the same number of acres owned by each of them after the exchange of said parcels. Very truly yours, 712%,GC,I-/ _li `�12l2a1 S . Robert Houtchens We understand and agree to the matters and things stated herein above. 9/ZIL— / �n- c_,t LP ORR LAVERN GLOVER y�am. . ' EULA1 ORR AT YN Kr GLOVER -2- •ij _ _ . ` i 1r . i. - ,91/4 +.sr • i 1 S I . . 1 .; ,.-. , . . Ill4hi4His HI .. . ., ..., , ..... . .. , ci 1 ,.....,. ....,.. ., . _...... . . ... ., kilt . , Tc , ,i . . . , , .A.4..... .-/L.7., :',.... I r _l • *+rte• } �/\ink; be"1 w r . . 4 < . . r Y .• ;,.' . • M ; l.. ' # . • 0� , e '1 �' )"p ' -;fir li i r: sr 4 r _ "i bit : ._ A . . .. , . > , :'t 1 1 Ar47 t r f: t cam, y } , hp.;, ;tat iii- A �Ct , , 10' 1� 11 N J \ c 4 • 0 1 �:+ . r LEGAL DESCRIPTION - PARCEL I • ' Pi Beginning at the Center Corner of Section 14, Township 5 North, Range 64 West of the 6th P,M. , Weld County, Colorado, and considering the East line of the Southwest Quarter of said Section to bear South 00°46'22" East, with all other bearings contained herein relative thereto: Thence South 00°46'22" East, 390.00 feet; Thence North 89° 48'43" West, 47.09 feet; Thence North 00°05'54" West, 389.95 feet; Thence South 89° 48'43" East, 42.50 feet to the Point of Beginning. Said described parcel contains 0.401 acres, more or less, and is subject to any rights-of-way or other easements as recorded by instruments of record or as now existing on said described parcel f v4../ 24V. of land. b • -°oin se, • -,em ,&Wt?/ LEGAL DESCRIPTION - PARCEL II Beginning at the Center Corner of Section 14, Township 5 North, Range 64 West of the 6th P.M. , Weld County, Colorado, and considering rn the East line of the Southwest Quarter of said Section to bear Cr) South 00° 46'22" East, with all other bearings contained herein v4 relative thereto; Thence South 00° 46' 22" East, 1 ,091.58 feet to the True Point of Beginning; Thence South 00° 46'22" East, 390.00 feet; Thence North 89° 13'38" East, 50.00 feet; Thence North 00° 46;'22" West, 361.78 feet; Thence North 61° 20'09" West, 57.41 feet to the True Point of ° ,4fSP6S Beginning; Said described parcel contains 0.432 acres, more or less, and i1) is subject to any rights-of-way or other easements as recorded by instruments of record or as now existing on said described parcel of land. SURVEYOR'S CERTIFICATE L $ I hereby certify that this ,pittE 'was prepared under my supervision; and that the same is correct to Cae bese of my knowledge and belief. Y • d JASPER' FREESE N COLORADO P,E. & L.S. NO. 4392 c t Pp/,vr o.4-BEG/4i W4/ `�� "p`2. -fa F. ----, \\/Y B9'4B 4.3„� co NTY R,._,AO a !/a �_ 9/4 424 - 30.0 I -�0.0� o leriN o.F q 0 ti 6- PAa?cEG r 2 +-77 e.40/.t Acres a 1,1 . h •v8 a o g ns set • - W Na'9f./s (Vr i kr \ � � Ea S 47 f+ ^ sti ki h , N IN • C 1 �. 09, h 'J 7R!/E ,00/4/7 ., I\... 1 4151 E r Ho \ .� of BEG/,Y/V%VCS % t{f 0 PA.tee2 2T5 pi `\ n 5 1 P9PC�L I1 v moo. $ o NI s s 0.4321AcfY's N /'nCfit. 'z 3 1A; l 4 fef , ne �' 1 /ece< �'e r —1�A /F Pig ��_I y,18'(/ } . ,, No/C:t oPe�fy Care i �" 8 to,o' 11n n ¢ of r /Yae✓Pr Dish .on /tee I /y:9'/3 fe E iii r u } Recorded at o'clock M., Reception No Recorder. 1 Recorder's Stamp THIS DEED, Made this 12th day of October 19 78 ,between RALPH ORR and BEULAH ORR, husband and wife, of 28608 Weld County Road 38 , Kersey, of the County of Weld , State of Colorado,of the first part,and LAVERN GLOVER and ATHLYN K. GLOVER, husband and wife, of 28017 Weld CouI of thety Road 551/2, KersCounty of Weld and State of Colorado,of the second part: WITNESSETH,That the said parties of the first part, for and in consideration of the sum of Other Valuable Consideration and Ten DOLLARS to the said parties of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, have remised, released, sold, conveyed and quit claimed,and by these presents do remise, release, sell, convey and quit claim unto the said parties of the second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the right, title, interest, claim and demand which the said part ies of the first part have in and to the following described lot or parcel of land situate, lying and being in the County of Weld and State of Colorado, to wit: Beginning at the Center Corner of Section 14, Township 5 North, Range 64 West of the 6th P.M. , Weld County, Col- orado, and considering the East line of the Southwest Quarter of said Section to bear South 00°46' 22" East, with all other bearings contained herein ralative thereto: Thence South 00°46'22" East, 1,091. 58 feet to the True Point of Begin- ning; Thence South 00°46'22" East, 390.00 feet; Thence North 89°13' 38" East, 50.00 feet; Thence North 00°46'22" West, 361.78 feet; Thence North 61°20'09" West, 57.41 feet to the True Point of Beginning; Said described parcel contains 0.432 acres, more or less, and is subject to any rights-of-way or other easements as recorded by instruments of record or as now existing on said described parcel of land. ACTUAL CONSIDERATION LESS THAN $100 . 00, SINCE THIS IS AN EXCHANGE DEED. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privi- leges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest, and claim whatsoever of the said partiesof the first part, either in law or equity, unto the said parties of the second part,their heirs and assigns forever,not in tenancy in common but in joint tenancy. IN WITNESS WHEREOF,The said parties of the first part have hereunto set their hands and seals the day and year first above written. Signed, Sealed and Delivered in the presence of [SEAL] RALPH ORR, husband [SEAL] BEULAH ORR, wife [SEAL] STATE OF COLORADO, l }ss. County of Weld JJJ The foregoing instrument was acknowledged before me this day of October 1978 , by RALPH ORR and BEULAH ORR, husband and wife My commission expires WITNESS my hand and official seal. Notary Public. No.962. QUIT CLAIM DEED.—To Joint Tenants.- itradfor,I Publishing Co.,162J.J0 Stout Street,Denver.Colorado (GCB-50111 -7-r5 Recorded at o'clock M., Reception No Recorder. THISRecorder's Stamp DEED, Made this 12th day of October , 1978 , between LAVERN GLOVER and ATHLYN K. GLOVER, �I husband and wife, of 28017 Weld County Road 55; , Kersey, of the County of Weld , State of Colorado,of the first part,and RALPH ORR and BEULAH ORR, husband and wife, of 28608 Weld County 4ptid 388, Kersey County of Weld and State of Colorado,of the second part: WITNESSETH,That the said parties of the first part, for and in consideration of the sum of Other Valuable Consideration and Ten -DOLLARS to the said parties of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, hawe remised, released, sold, conveyed and quit claimed,and by these presents do remise, release, sell, convey and quit claim unto the said parties of the second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the right, title, interest, claim and demand which the said parties of the first part have in and to the following described lot or parcel of land situate, lying and being in the County of Weld and State of Colorado, to wit: Beginning at the Center Corner of Section 14 , Township 5 North, Range 64 West of the 6th P.M. , Weld County, Colorado, and consider- ing the East line of the Southwest Quarter of said Section to bear South 00°46122" East, with all other bearings contained herein rel- ative thereto: Thence South 00°46 ' 22" East, 390 . 00 feet; Thence North 89°48 ' 43" West, 47 . 09 feet; Thence North 00°05 ' 54" West, 389 . 95 feet; Thence South 89°48 ' 43" East, 42. 50 feet to the Point of Beginning. Said described parcel contains 0 . 401 acres, more or less, and is subject to any rights-of-way or other easements as recorded by instruments of record or as now existing on said described parcel of land. ACTUAL CONSIDERATION LESS THAN $100. 00, SINCE THIS IS AN EXCHANGE DEED. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privi- leges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest, and claim whatsoever of the said partiesof the first part, either in law or equity, unto the said parties of the second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy. IN WITNESS WHEREOF,The said parties of the first part ha ve hereunto set their hands and seals the day and year first above written. Signed, Sealed and Delivered in the presence of [SEAL] LAVERN GLOVER, husband [SEAL] ATHLYN K. GLOVER, wife [SEAL] STATE OF COLORADO, }Ss. County of Weld The foregoing instrument was acknowledged before me this day of October 1978 , by LAVERN GLOVER and ATHLYN K. GLOVER, husband and wife My commission expires WITNESS my hand and official seal. ICI Notary Public. No.962. QUIT CLAIM DEED.—To Joint Tenants.—D,ad[ord Publishing Co.,1824-46 Stout Street.Denver.Colorado (573-5011) —7-75 J iii 1 p • G7 H 1 )1 PAI; 'mud I NI PLANNING SI I IVICLS PHONE 130313564000 EXT.404 915,1Ohl STREET ., z., GREELEY,COLORADO 80631,, „, . , , ,,.;„„., r7t J •at a 9,{��t5'jc�y� 7 B ,v., t W',°"J A ` '.ro COL *BRAD II October 24 ,1978 • • Mr. & Mrs. Ralph Orr, etal . 28608 Weld County Road 388 • Kersey, CO 80644 RE : Request for a subdivision exemption of a parcel of land described as Pt . Si Section 14, T5N, R64W of the 6th P.M. Weld County, Colorado Dear Mr . & Mrs. Orr : Your application and related materials for the above described request are complete and in order at the present time. I have' scheduled a meeting with the Board of County Commissioners for Wednesday, November 15, 1978, at approximately 9 : 30 AM. This meeting will take place i`n the County Commissioners' RHearing Room, first floor , Weld County Centennial Center, 915 10th Street, Greeley, Colorado . It is recommended that you and/or a representative be in attendance to answer any questions the Board might have with respect to your application. If .you have any questions concerning this matter, please feel free to contact our office. Respectfully, • Chuck Cunliffe Assistant Zoning Administra or CC/csd • cc : Mr. & Mrs . Lavern Glover 28017 Weld County Road 55-1/2 Kersey, CO 80644 S . Robert Houtchens Houtchens, Houtchens & Daniels 1007 9th Avenue Greeley, CO 80631 D No. 830787 RECEIPT FOR-CERTIFIED MAIL NO INSURANCE D NOT FOR INTERNATIONAL MAIL , (See e) NT TO- /� ,>L . - - , . Ey .Nj /, r�IGZ>g�� P.: ATE AND ZIP CO• ,_ • AGE $ 1 y CERTIFIED FEE 6 W 0 • LL SPECIALDEUVERY G RESTRICTED DELIVERY . S ti/.. U U SHOWTOWHOM AND Q m > > DATEDEUVERED ' Cc C CO N SHOW TO WHOM.DATE, F- G y AND ADDRESS OF ¢ • . m G DEUVEAY -- • m SHOW TO WHOM ANDDATE I— 1-- CC DELIVERED WITH RESTRICTED C j 0 z DELIVERY -In cc Z 0 SHOW TO WHOM,DATE AND y • SENDER:Complete items 1,2,and 3. V ADDRESS OF DELIVERY WITH 2 ci Add your address in the "RETURN TO" space on 6 RESTRICIFD OELVERY a reverse. TOTAL POSTAGE AND FEES . $ mVD r. 1. The following service is requested(check one). w POSTMARK OR DATE v O Show to whom and date delivered —¢ a O Show to whom,date,M'ld address of delivery -6 6 O RESTRICTED DELIVERY o Show to whom and date delivered —¢ of°i - O RESTRICTED DELIVERY 9 Show to whom,date,and address of delivery.$_ _- -1 (CONSULT POSTMASTER FOR FEES) in °i m 2_�>_RTICLEADDRES TO: m L.O . �6Y'F ri 3. ARTICLE DE�QRIPTION: REGISTERED40:I O. FRED ISO. INSURED NO. /21 m (Always obtain signature of addressee or agent) m p I have received the article described above. E SIGNAT RE O Addressee O Authorized agent (n m ail-(27m 4. R ATE OF ELIVERY POSTMARK Z /04. ,' e a, E� O 5. ADDRESS(Complete only it requested) ' gLe t Do 1 2.ii6 O p 6. UNABLE TO DELIVER BECAUSE Li. ' ITRK''Sl - D ,-- F *GPO:1977-0-249-596 : . • I)f_PA}tI M[N1 GI: PLANNING SERVICES PHONE 1303)356-0000 EXT.401 915 10TH STREET GREELEY,COLORADO 80631 4i,04 V1/4 gyp, © COLORADO October 24, 1978 • TO WHOM IT MAY CONCERN': Enclosed is an application from Ralph Orr/Lavern Glover for a Subdivision Exemption This item will be heard before the Board of County Commissioners on November 15, 1978 , If you have any comments or sugges- tions, may we please hear from you before November 8, 1978 The location of the parcel of land for which this applica- tion has been submitted is Pt . Si Section 14, T5N, RG4W Thank you. Assi tan Zoning A nistrator • /kmh • Enclosures FIELD CHECK FILING NUMBER: SE-71 DATE OF INSPECTION: 10/30/78 NAME : Ralph Orr/Lavern Glover REQUEST: Subdivision Exemption LEGAL DESCRIPTION: Pt . Si Section 14, T5N, R64W LAND USE : N Agricultural E Agricultural Agricultural jy Agricultural ZONING: N Agricultural LOCATION: South of the intersection E Agricultural of County Road 388 and County Road Agricultural 57-1/2 jy Agricultural COMMENTS : There are existing homes on both the Orr property and the Glover property. Accesses to the properties are existing. Natural drainage of the pro- perty appears to be to the south towards the South Platte River. The frontage property along County Road 388 is fairly level . The property has been in agricultural production this year. The request would appear to have very little impact on surrounding property owners in that this is a property exchange. BY: &all's) 4( Hello